Or. Admin. Code § 603-057-0418

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-057-0418 - Requests for Pesticide Use Information

(1) An agency seeking confidential information shall make a formal written request to the Department that shall:

(a) Identify the requesting agency.

(b) Identify the Principal Investigator for the agency.

(c) Describe the information sought.

(d) Explain the reason for requesting the information, including the use that will be made of the requested information.

(e) Include a completed and signed confidentiality agreement prepared by the Department.

(f) Identify each person having access to the information, and the position of each person within the agency.

(g) Identify the person responsible for maintaining the security of the information.

(h) Explain the procedures by which the requesting agency will assure the confidentiality of the information.

(2) A health or environmental researcher acting in an official capacity from an accredited university seeking confidential information shall make a formal written request to the Department that shall:

(a) Describe the information sought.

(b) Describe the research being conducted, including identity of the Principal Investigator, purpose of the research and the use that will be made of the requested information.

(c) Include a copy of the university's formal review and signed acceptance of the research project.

(d) Include a completed and signed confidentiality agreement prepared by the Department.

(e) Identify each person having access to the information, and the position of each person within the university.

(f) Describe the procedures by which the requesting researcher and university will assure the confidentiality of the information.

(3) A health or environmental researcher acting in an official capacity from an accepted research institute seeking access to confidential information shall make a formal written request to the Department which shall be equivalent in content to (2) above.

(4) The Department will consider each request for pesticide use information, as described in (1), (2) and (3) above, as follows:

(a) The Department will respond to the request within 30 days of receipt of the request.

(b) The Department, in its discretion, may request more detailed explanations in the request for information before considering it.

(c) If the request is approved, the requested information may be released to the requestor. The Department will release only the information that is directly pertinent to the research project or agency need. Information will be released in a manner that achieves the highest level of confidentiality but still provides pertinent data.

(d) If the request is denied, the requester will be informed of the basis for denial.

(5) Any breach of the confidentiality agreement as determined by the Department, may result in a civil penalty as set forth in 603-057-0420.

Or. Admin. Code § 603-057-0418

DOA 27-2001, f. & cert. ef. 12-4-01

Stat. Auth.: ORS 634, ORS 561.190 & Ch. 1059 OL 1999

Stats. Implemented: Ch. 1059 OL 1999